The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Discovery

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Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

Posted in Discovery
In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended were privileged – even though the reports were prepared with the supervision of counsel, and in response to employee complaints of contracting fraud. … Continue Reading

The New Rule 37(e) Pushes Forward

Posted in Data Security, Discovery, Federal Rules of Civil Procedure
The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far. The current version of Federal Rule of Civil Procedure 37(e) provides that parties who do not appropriately preserve documents related to litigation may face… Continue Reading

Ten Years Later: NC Catches Up With Rule 702, Adopts Daubert and Bids Adieu to Howerton

Posted in Appellate, Discovery, North Carolina Court of Appeals
In January, the North Carolina Court of Appeals decided State v. McGrady, in which it finally addressed the impact of the 2011 amendments to Rule 702.  McGrady confirmed what many practitioners have believed for two and a half years — that North Carolina State Courts must now adhere to and apply Daubert standards to expert… Continue Reading

Brad Cooper: The Latest Reminder That Howerton – Not Daubert – Controls Expert Testimony In North Carolina

Posted in Data Security, Discovery, NC Rules of Practice and Procedure
It is not often that a homicide case yields important lessons for civil litigators, but the Brad Cooper case does just that.  The Cary, North Carolina resident’s trial and first degree murder conviction for killing his wife and dumping her body at a nearby construction site resulted in national attention, discussion, and debate.  In its… Continue Reading

Tick Tock: the Pendulum Swings Back to a World of Proportional Discovery

Posted in Discovery, Federal Rules of Civil Procedure, NC Rules of Practice and Procedure
The Colorado Supreme Court’s recent holding in DCP Midstream, LLP v. Anadarko Petroleum Corp. — that trial courts must actively manage discovery in their cases — may be a harbinger of the new normal in discovery practice.  The opinion is the latest example of the inexorable shift away from the liberal, all-you-can-eat discovery mindset back to… Continue Reading

Attorney-Client Privilege: All Communications to Clients Are Not Equal

Posted in Discovery, NC Rules of Practice and Procedure
Many of us have been there:  In deposition, a question is asked that does not directly seek information related to an attorney-client communication, but opposing counsel nonetheless objects and instructs the deponent not to answer. In Meir v. Meir et al., the issue was whether questions in deposition seeking facts can be protected by the attorney-client privilege.  The North Carolina Business… Continue Reading

Advisory Committee Discusses Major Changes to Federal Discovery Rules

Posted in Discovery, Federal Rules of Civil Procedure
The Advisory Committee on Civil Rules for the Judicial Conference of the United States is considering major changes to the discovery process in federal civil cases.   The changes to the Rules currently being discussed would restrict the scope of discovery and place stricter limits on the number of discovery requests parties can serve.  On… Continue Reading